Why is it crucial for Azerbaijan to have the European Convention on Human Rights as a part of its legislation system?

By Tofig Shahniyarov

ADA University, School of Public and International Affairs, senior MA student and ARISC Fellow

Date: August 27, 2021

Time: 7-8:30 pm Baku time (11:00am-12:30pm EDT)

Registration required: https://bit.ly/3shqQGD

The Convention for the Protection of Human Rights and Fundamental Freedoms, better known as the European Convention on Human Rights (the ECHR) has been a part of Azerbaijan’s legislation system since April 15, 2002. The ECHR along with its jurisprudence of the European Court of Human Rights (the ECtHR) have been one of the main research questions during those years. It is the part of the Azerbaijani legal system based on Article 148. of the Constitution of the Republic of Azerbaijan and its interpretation is held by updating the legislation acts, laws, as well as adapting local courts’ decisions to the case-law of the ECtHR. Since the effective protection of individual rights enshrined in the ECHR by Azerbaijan has not been at a desired level so far, it deems necessary to analyze the dynamism of this particular international document, its ability to evolve and adapt changes of perception. The characterization of the ECHR as a ‘living instrument’ and the contours of its ‘dynamic/evolutive interpretation’ will be investigated in this presentation.

The presentation aims at analyzing the impact of the ECHR on the legal system of Azerbaijan to understand the beneficial sides for the country as well as for its citizens. Since Azerbaijan tends to adapt its internal laws to the Convention and the ECtHR’s well-established case law, this field needs more detailed research. Hence, the presentation provides systematic and comprehensive overview of the functioning of the Convention and its application by the Court in the context of the judgements against Azerbaijan.

Tofig Shahniyarov is a senior master’s student of public administration and graduate assistant at ADA University. Earning his bachelor’s degree in Law at the Public Administration Academy under the President of the Republic of Azerbaijan, he has considerable experience as an assistant lawyer and was engaged with legal aid and other public interest law projects of the European Union and Azerbaijani government. His main research interests are public law, international law, and human rights.

This event is sponsored by the American Research Institute of the South Caucasus (ARISC). Lectures are free and open to the public.

*ARISC does not discriminate on the basis of race, color, national origin, religion, sex, physical or mental disability, medical condition, ancestry, marital status, age, sexual orientation, citizenship or status as a covered veteran.